WESTVETS ANIMAL HOSPITALS PTY LTD: WEBSITE TERMS
Last updated: 11 May 2023
part a: general terms and conditions
- Application of these Terms
- This website is operated by WestVETS Animal Hospitals Pty Ltd (ABN 90 609 403 670) (referred to as the Company, we, us and our).
- These terms of service (Terms) apply when you use our website, https://shop.westvets.com.au/ ,including all information, tools and services available on this website (together the Website).
- These Terms include our privacy policy which can be viewed by you at https://westvets.mystorbie.com/policies/privacy (Privacy Policy).
- If you purchase products via the Website, the additional product purchase terms in Part B of these Terms (Product Purchase Terms) apply to your purchase of such products.
- We may change these Terms at any time by updating this page of the Website, and your continued use of the Website following such an update will represent an agreement by you to be bound by the Terms as amended.
- Access to the Website
- These Terms apply to all users of the Website. You agree to be bound by these Terms, which form a binding agreement between you and us. You confirm that you have the authority to act on behalf of any entity for whom you are accessing the Website.
- If you don’t agree to these Terms, you must refrain from using the Website.
- Your Obligations
- You must not:
- copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without our express written consent;
- use the Website for any purpose other than the purposes of obtaining information about us and/or our products;
- use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
- not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us;
- use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
- use the Website with the assistance of any automated scripting tool or software;
- act in a way that may diminish or adversely impact our reputation, including by linking to the Website on any other website; and
- attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
- gaining unauthorised access to Website accounts or data;
- scanning, probing or testing the Website for security vulnerabilities;
- overloading, flooding, mail-bombing, crashing or submitting a virus to the Website; or
- Instigate or participate in a denial-of-service attack against the Website.
- ACCOUNTS
-
- If you open an account on this Website, you are responsible for:
- providing us with accurate and complete information;
- keeping the username and password to your account confidential; and
- all activities which occur under your account.
- We have the right to disable any username or password, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
- You must notify us immediately if you know or suspect any unauthorised access of your account by sending an email to admin@westvets.com.au.
- Information on the Website
-
- While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
- the Website will be free from errors or defects;
- the Website will be accessible at all times;
- messages sent through the Website will be delivered promptly, or delivered at all;
- information you receive or supply through the Website will be secure or confidential; or
- any information provided through the Website is accurate or up to date.
Without limiting the above, you acknowledge and agree that the information provided on this Website is general information only, and does not constitute (and is not intended to constitute) medical or health advice and should not be relied on as a substitute for consultation with a qualified veterinary professional who understands your animal's individual needs.
-
- We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions and other Website Content. We undertake no obligation to update, amend or clarify information on the Website, except as required by law.
- Intellectual Property
-
- The Website and and all materials on the Website (which may include text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) contain intellectual property owned by us, including trademarks, copyrights, proprietary information and other intellectual property.
- The trademarks, service marks, designs, and logos (the Trademarks) displayed on the site are the registered and unregistered Trademarks of the Company and its licensors.
- You may access and view all or part of the Website for the sole purpose of viewing the Website Content to obtain information about us and/or our products and, if applicable, to purchase products via the Website.
- Third-party links
-
- The Website may contain links to other third-party websites that are not our responsibility. We have no control over the content of the linked websites and we are not responsible for it.
- Inclusion of any linked third-party website on the Website does not imply our approval or endorsement of the linked website.
- comments and feedback
-
- If, you send us any comment, feedback, submission, creative idea, suggestion, proposal, plan, or other material, by any means (Comment), you agree that we:
- may use any Comment for any purpose, without restriction; and
- are and shall be under no obligation to:
- maintain any Comment in confidence;
- pay compensation for any Comment; or
- respond to any Comment.
- Limitation of Liability
-
- The Website and all Website Content is provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied. However, this clause does not limit any warranties provided to you in the Product Purchase Terms (or under any applicable consumer laws. in respect of products you have purchased via the Website.
- To the maximum extent permitted by law:
- your access and use of the Website and all Website Content is at your own risk; and
- under no circumstances shall we be liable to you for any loss, liability, cost or damage (whether direct, indirect, special consequential or punitive) suffered or incurred by you on account of your use of (or inability to access or use), or reliance on, the Website or the Website Content (including any loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference).
- This clause 9 does not limit any remedies provided to you in the Product Purchase Terms (or under any applicable consumer law) in respect of products you have purchased via the Website.
- You agree to indemnify us for any loss or liability arising out of your unauthorised use of this Website or Website Content.
- General
-
- Your personal information is processed by us in accordance with our Privacy Policy. You must comply with all applicable privacy laws in connection with your supply of any personal information to us via the Website.
- These Terms and the provision of the Website provided hereunder will be governed by and construed in accordance with the laws of Queensland. Any claim made by either party against the other which in any way arises out of these Terms or is related to this Website will be heard in Queensland Courts and you agree to submit to the jurisdiction of those Courts.
- Any delay, neglect, or forbearance on our part to enforce any term or condition of these Terms against you shall not be deemed to be a waiver or in any way prejudice our rights under these Terms.
- If any provision of these Terms is determined to be illegal, invalid or otherwise unenforceable, then to the extent, it shall be severed and deleted from these Terms and the remaining terms shall survive and continue to be binding and enforceable.
- These Terms constitute the entire agreement between you and us with respect to the access to and use of the Website and supersedes all prior or contemporaneous understandings regarding such subject matter.
- Contact Us
-
- If you have any feedback or a complaint, or any written notice is required in accordance with these Terms, please contact us at admin@westvets.com.au.
07
PART B: PRODUCT PURCHASE TERMS
1 Right to refuse sale
-
- We reserve the right (in our absolute discretion) to refuse to supply any medicine or product that we consider may constitute a health hazard or to supply what we consider to be excessive or unnecessary quantities, especially when a product is known to have abuse potential.
2 ORDERING AND DELIVERY
-
- Products may be ordered by following the relevant instructions on the Website. If we do not have a product in stock, we will endeavour to let you know as soon as practicable.
- Delivery shall be undertaken following payment in full, in accordance with the relevant details on the Website. Any estimates of delivery times are approximate only, and we are not responsible for any delays in delivery.
- Delivery costs may be applied to your order. Details of these costs will be made available to you at the time of ordering.
3 PAYMENT
-
- Payment must be made in accordance with the relevant details on the Website. Products will not be delivered to you until paid for in full.
- Processing fees may apply to credit card payments.
4 ENQUIRIES
-
- If you need assistance with your order or the product you have received, you can contact us by phone 07 3202 7300 or email admin@westvets.com.au.
5 Faulty Items
-
- If you receive a faulty or damaged product, you must notify us as soon as you can (and in any event, within seven (7) days of receiving the relevant product). Upon receipt of the faulty or damaged product, we will let you know whether you are eligible for a refund, replacement or store credit.
- Notice of the faulty or damaged product must be provided to us via phone 07 3202 7300 or email admin@westvets.com.au. You must provide a photograph of the faulty product in order to be eligible for a refund, replacement or store credit.
6 Manufacturer Warranties and Guarantees
-
- Subject to your rights under Australian Consumer Law, all products that carry a warranty or guarantee of the manufacturer shall be credited or exchanged only when so agreed by the manufacturer.
- For guarantee claims on pet food, please contact the manufacturer.
- This clause does not limit any warranties provided to you under any applicable consumer law, in respect of products you have purchased from us.
7 Change of Mind Exchanges
-
- “Change of Mind” includes purchases you have made in error (accidentally purchased the wrong product, size or colour) or if you have purchased a product your animal is no longer able to use.
- Exchanges can be requested within seven (7) days of receipt of the Products. We do not provide refunds for changes of mind but may provide a store credit.
- To be eligible for an exchange:
- Packaged items must be unopened and unused with outer packaging intact
- Wearable items must be unworn and unwashed with all original tags/labels attached
- Item must not be listed in the excluded Products list below
- The following Products are not returnable:
- Sale/clearance, discontinued or promotional items
- Pet beds and replacement covers
- Aerosol spray products
- The item you are exchanging must be received within 30 days of the request for exchange. We are not responsible for any items that are lost in transit.
8 Subscription Orders (IF RELEVANT)
-
- When adding a Subscription Order you are authorising us to charge your selected payment method at a frequency selected by you.
- Your subscription will remain active until it is cancelled by you. This can be completed any time within the Subscriptions area of your customer account settings.
- We may terminate your Subscription/s at any time without notice. You will only be charged for orders that have been shipped to you.
- Our Standard Product Purchase Terms, including ordering and delivery, and returns and refunds, applies to all Subscription Orders.
